Tuesday, July 10, 2018

More on Using Trusts As Planning Devices for Firearms

I've written in the past about the use of "gun trusts" as a legal device to handle passage of guns to others, while avoiding some laws related to registration by gun owners.  

There's another way to think about trust documents with guns, to provide a safeguarding process within families.  As one article suggests, 

Talk to your loved one about how to safely transfer ownership of their guns if they should become incapacitated. Consider writing a “gun trust,” a legal document outlining that process.

For more, read the Kaiser Health News's piece, Worried About Grandpa's Guns? Here's What You Can Do.  Thanks, Matt Lawrence, for sharing this story.

https://lawprofessors.typepad.com/elder_law/2018/07/more-on-using-trusts-as-planning-devices-for-firearms.html

Advance Directives/End-of-Life, Cognitive Impairment, Dementia/Alzheimer’s, Ethical Issues, Property Management | Permalink

Comments

There is some very bad advice in the Kaiser piece. This, for example, is just plain wrong: “No one should hesitate to accept a gun from a family member who is choosing to turn the gun over because of dementia,” said Lindsay Nichols, federal policy director at the Giffords Law Center to Prevent Gun Violence.

In fact, it is a serious crime to transfer a gun to someone you know or have reason to know is a "prohibited person." Likewise, it is a crime for a prohibited person to receive or possess a gun. See the Gun Control Act Sec. 922 (d) and (g).

Posted by: Gregory Taggart | Jul 10, 2018 9:00:57 AM

Post a comment